Property is a state subject, therefore each state has its own requirements,
costs, and documentation. If you are unfamiliar with the processes, get legal
Transfer of property means transferring the ownership of the property. One must
prove his or her ownership in order to transfer the property. A sale deed, gift
deed, will, and other official documents can all accomplish the same thing.
Will or not Will
Whenever a person passes away, someone has to take care of his property and
assets. There are two possibilities:
- The deceased left a will after passing away
- The decedent passed away without leaving a will (has died intestate)
In the first scenario, the property is divided in accordance with the terms
of the Will.
In the second situation, the property is divided in accordance with the Law of
Succession. According to personal law and applicable statutory rules, such as
the Indian Succession Act, the Hindu Succession Act, etc., where applicable, the
property passes to the deceased's legal heirs.
Registration of Will
The document used to transfer immovable property with a value of Rs 100 or more
must be registered, according to Indian law. A document that must be
compulsorily registered does not give any title if it has not been registered.
It is not acceptable in court as evidence.
It is better if the will is registered. A will that has been registered is
assumed to be genuine. Before the Registering Authorities are the testator and
the attesting witnesses. It helps in confirming their identities and strengthens
the document's credibility.
Transferring the property process
The appropriate paperwork is delivered to the Sub Registrar's office in order to
The necessary documents are:
A will can either be registered or not. If the Will is registered, the
Registering Authority is in charge of keeping it secure. Another option is to
leave it in the safekeeping of a banker or a lawyer. A certified copy of the
Will is provided in this scenario. If the will is not registered, an attested
copy must be provided.
Probate can be demanded if it is compulsory or if the Will is not registered. A
judicial document known as "probate" attests to the validity of the Last Will
and testament. The will's nominated executor is given probate. In some states,
the probate process is required.
Access to a deceased person's moveable assets requires a succession certificate.
In some instances, the claimant through the Will is required to bring the
court's succession certificate even when the Will is present but not registered.
A succession certificate is typically required for movable property, such as
cash in bank accounts, shares of stock, and other securities.
Depending on the circumstances of the case, the authorities may also want or
demand a few extra documents.
If all legal heirs are not listed in the Will, an affidavit from the legal
heirs stating that they have no objections to transferring the property to the
person named there is required.
If the Will is not registered, an affidavit of witnesses attesting is required.
A declaration from the will's beneficiary stating that all debts associated with
the property have been paid off
Steps in the Transferring of Property
- New Terms of Ownership
This involves an authorization decision between the property homeowner and
- Legal Counsel to Draft a Deed
The cost of hiring an attorney to assist you with a property transfer is an
essential investment. A legal description for the transfer of property is
- Examine the Whole Agreement
Check the deed to ensure that all of the information is accurate and full
before transferring any property.
- In front of a witness, legalise the deed.
All sellers should sign the deed in advance at a reputable register office
for the transfer of property, together with any additional witnesses
required by the applicable state's law. The document must next be notarized
with a seal and signature.
- Register the Deed
It is necessary to take the deed to the register's office and have it
registered in order to legally transfer property. This is known as
"recording the deed," and skipping this step will eventually lead to
problems because no one will be able to grasp your relative's claim to the
property. You'll pay the deed's fees and taxes at this time. The recipient
will be regarded as the property's official owner by the end of the day.
It is always advisable to have a lawyer prepare a legitimate and appropriate
Will. It is preferable to register the same. The family members will benefit
later on when transferring assets in the beneficiaries' names.